392 NEWSLETTER 2021 Destruction Regulation). On the other hand, the right to be forgotten is indirectly mentioned in the amendments introduced in Law No. 5651 with Law No. 72537 published in the Official Gazette dated 31 July 2020. Pursuant to article 9/10 of Law No. 5651, if requested by those whose personal rights have been violated due to the content of the publications on the internet, the judge may decide not to associate the applicant’s name with a particular internet address. The aforementioned regulations are highly criticized since they are not directly compatible with the right to be forgotten and stipulate various exceptions and conditions. However, although it is not directly regulated, it is clearly stated in judicial decisions, the decisions of the Personal Data Protection Board (“PDP Board”) and the published guidelines that the right to be forgotten is a right that can be requested in Turkey as well. The decision numbered 2014/4-56 E., 2015/1679 K. and dated 17.06.2015 of the Court of Cassation Assembly of Civil Chambers states that the right to be forgotten and the storage or retention of personal data to the extent necessary and for the shortest period of time actually constitute the framework of the right to protect personal data, and the basis of both rights lies in ensuring that the individual can freely dispose of his/her personal data, plan for the future without being hindered by the past, and prevent the use of personal data against the person. Subsequently, the Court emphasized that with the right to be forgotten, it is ensured that the future of the person is prevented from being negatively affected by her own will or due to an event caused by a third person and that the individual’s ability to shape his/her future by getting rid of the negative effects of their past is not only for the benefit of the individual, but also its effect on the improvement of the quality of the society is indisputable. The right to be forgotten is expressed as the right to request that the negative events in the digital memory be forgotten after a while and the deletion and prevention of the dissemination of personal data that they do not want others to know unless there is a superior public interest. The 7 Law No. 7253 on the Amendment to the Law on the Regulation of Publications on the Internet and Combating Crimes Committed through Such Publication, which entered in force through publication in the OG, No. 31202, 31.07.2020.
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